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Restricting the freedom of movement of unwanted asylum seekers is the conceptual core of the CEAS reform package politically agreed upon by the EU's legislative institutions in December 2023. Large groups of the people seeking international protection in the EU will be subject to so-called border procedures. Their claims will be processed while being 'kept at or in proximity to the external border or transit zones' (Commission proposal) in order to prevent their onward movement and to facilitate ensuing deportations. Introducing such confinement measures will be mandatory for all Member States, provided that an asylum seeker meets certain criteria, in particular a low rate of success of earlier protection claims made by his or her fellow nationals, calculated on an EU-wide average. Why did we fail to make asylum-seekers' right to free movement relevant in context of the CEAS reform?
In: African journal of political science: a journal of the African Association of Political Science = Revue africaine de science politique, Band 11, Heft 1, S. 12-29
The Southern African Development Community (SADC) member states committed under Article 5(2) (d) of the SADC Treaty to develop policies aimed at the progressive elimination of the obstacles to the free movement of capital, labour, goods and services. The 2005 SADC Protocol on the Movement of People was celebrated as a giant step towards the realization of the regional integration objective of building SADC into a regional community that is fully integrated where citizens enjoy the freedom of movement across regional borders. Whilst substantial efforts have been invested in developing various legal and policy frameworks to open up borders for the free movement of people within SADC, thirty (30) years since the formation of SADC in April 1980 as the Southern African Development Coordination Conference (SADCC); the region is facing serious challenges relating to the free movement of people, migration and labour movement. In reality, SADC member states' governments have been confronted with serious feasibility challenges, complexities, risks and dilemmas as they attempt to implement commitments made towards the free movement of people in the region, with political, security, economic, strategic, and technical factors often cited as obstacles. This paper sought to critically reflect on the feasibility aspects, policy dilemmas at member state level as well as strategic considerations that stand on the way of free movement of people in SADC. The focus was on examining possibilities, capacities and prospects of SADC member states (in their collectivity and individuality) in addressing the underlying, structural and operational obstacles that are impeding the free movement of people in the region. Secondary data sources are used for analysis, and the three concepts of free movement of people, migration and regional integration provide conceptual lenses for analysis. Findings are key in providing perspectives on how SADC member states may need to collectively address the fundamental questions and issues that facilitate the free movement of people in the region.
AbstractThe free movement of people is a fundamental principle of the European Union (EU) that has led to an increase in EU‐internal migration. This study investigates the impact of increased immigration to Germany resulting from the 2004 and 2007 eastern enlargement of the EU on concerns about immigration within the German population. By merging 20 years of annual migration statistics with panel data on individual attitudes and exploiting exogenous variation in the gradual enlargement of the free movement policy, we examine the causal effects of EU‐internal migration on immigration concerns. Our findings suggest that the influx of immigrants from new member states did not have a clear average effect on concerns about immigration, but increased concerns among German natives with materialist‐survival values. The study provides insights into the societal division caused by opposition to immigration as part of the European integration process.
Abstract A new legal order has arisen in the United Kingdom ('UK') following that country's withdrawal from the European Union ('EU'). Nowhere are these changes more evident than in the complex rules that have emerged in the fields of freedom of movement and the right to work. In evaluating the new legal landscape, this Article has two overarching aims. The first is to assess the level of protection granted to the right to work and associated free movement rights within EU and UK law, including the terms of the EU-UK Withdrawal Agreement. The second aim is to examine the extent to which those right to work rules are reflective of the status of the right to work as a fundamental social right. It is argued that Brexit unmoors the right to work from EU free movement rules, thereby undermining the normative value of that right, while exacerbating flaws in domestic rules governing access to employment for both national and migrant workers.
Role exit is a complex process that can be especially complicated for extremists, whose identities are stigmatized. Such stigmatization often leads extremists to seek refuge in "free spaces" where they may insulate themselves from the mainstream and celebrate their ideology amongst likeminded individuals. Yet, stigma may also push those who desire to exit an extremist role to seek out their own free spaces where they can disengage from extremist ideology with others who wish to disengage. In this study, we analyze posts obtained from two Incel digital forums: a forum of active Incels and a forum of exiting Incels. We compared the ways that active and exiting Incels use free spaces to situate themselves inside or outside of this extremist community. Our analysis demonstrates that free spaces, which social movement scholars argue foster commitment among extremists, may offer exiting extremists insulation from active extremists while also keeping them tethered to hostile ideology.
"This book explores the capitalist exploitation of digital media where creativity is a fundamental element in the production of digital goods. Yılmaz Alışkan focuses in particular on open-source hardware communities in which hackers give up a considerable amount of free time and labour to produce open technology they are not compensated for"--
This essay reviews the following works: Indianidad evanescente en los Andes de Ecuador. By Víctor Bretón Solo de Zaldívar. Quito: FLACSO Ecuador; Ediciones Universitat de Lleida, 2022. Pp. xxxix + 372. €22.00 paperback, free downloadable e-book. ISBN: 9789978676301. Indigene Autonomie in Lateinamerika: Zwischen Selbstbestimmung und staatlicher Kontrolle. By Michael Fackler. Bielefeld, Germany: Transcript, 2021. Pp. 322. €60.00 hardcover, €60.00 e-book. ISBN: 9783837657982. Indigene Resistencia: Der Widerstand der bolivianischen TIPNIS-Bewegung. By Maximilian Held. Bielefeld, Germany: Transcript, 2022. Pp. 276. €45.00 hardcover, free downloadable e-book. ISBN: 9783837663686. La revolución del arcoiris y su escala de grises: Movimiento indígena del Ecuador. By Stalin Herrera Revelo. Buenos Aires: CLACSO, 2022. Pp. 135. Free downloadable e-book. ISBN: 9789878133799. Indigenous Civil Society in Latin America: Collective Action in the Digital Age. By Pascal Lupien. Chapel Hill: University of North Carolina Press, 2023. Pp. vii + 284. $29.95 paperback, $99.00 hardcover, $22.99 e-book. ISBN: 9781469672625. ¡Así encendimos la mecha! Treinta años del levantamiento indígena en Ecuador: Una historia permanente. Edited by Floresmilo Simbaña, Adriana Victoria Rodríguez Caguana, and Mateo Martínez Abarca. Quito: Ediciones Abya Yala, 2020. Pp. 220. $15.00 paperback, free downloadable e-book. ISBN: 9789942884107.
Croatia celebrated a decade of membership in the European Union by joining the euro currency and the Schengen Area of free movement on January 1, 2023. At the same time, however, the country is struggling with the economic, social, and political consequences of its semi-peripheral status. A series of reform challenges remain unsolved, including the continued dominance of clientelistic networks. Amid a set of overlapping crises, from the global financial meltdown to the COVID-19 pandemic, the country has seen a revival of conservative and patriarchal ideologies.
In the fourteenth century, with the encouragement of King Edward III, textile workers from the Low Countries - predominantly Flanders but also Brabant - settled in England. Using extensive and original resources from both sides of the English Channel, Milan Pajic argues that the exponential growth of the English textile industry was due to the skill and influence of Flemish immigrants, challenging interpretations from a section of economic historians in the latter half of the twentieth century who concluded that immigrants did not contribute to the economic development of England. The book explores the geography of immigration, the reasons behind the movement of people, and the varied social encounters with local populations. In so doing it uncovers an important and vibrant history which provides essential historical context for contemporary debates on the free movement of people.
This case report discusses six judgments of the Court of Justice of the EU rendered between September and 19 December 2023. The first judgment reported is in case C-422/22 Zaklad v TE, in which the Court took the opportunity to clarify that the duty for the issuing institution to verify that the conditions for issuing an A1 (posting) certificate are met arises not only at the moment of the issuance but also continuously during the posting period. The case report also covers the case C-45/22 HK v Service fédéral des Pensions, in which the Court interpreted for the first time Article 55(1) (a) of Regulation 883/2004 on the method of calculation for overlapping benefits of a different kind. The case report ends with two rulings dealing with infringement procedures against the Netherlands: C-459/22 and C-360/22 European Commission v Kingdom of The Netherlands. In these judgments, the Court considered that the Dutch tax rules on transfer of pension capital were an infringement of the free movement of workers (Article 45 TFEU). Finally, we report on two cases on social security benefits for EU officials and two cases dealing with Covid-19 measures.
Abstract The ambiguous nature of the internal market allows for EU legislative input on two tensions animating this field since its inception, those being how to divide power between the EU and Member States and how to reconcile the requirements of integration and regulation. The Court can sometimes struggle with accommodating such input with its Treaty interpretation, leading to further tension with the EU legislator. In the internal market for goods, however, it can rely on the Legislative Priority Rule to resolve disputes in a coherent, Treaty-compliant manner. Casting exhaustive EU legislation as the sole norm against which to assess national product measures, to the exclusion of Articles 34–36 of the Treaty on the Functioning of the European Union (TFEU), this longstanding Rule is, from one perspective, a simple procedural tool to establish the Court's framework of reference. In reality, however, invoking (or excluding) the Rule can have a substantive and institutional dimension, as its application (or not) engages the relationships between national, secondary, and primary law and, by extension, the Member States, EU legislator, and Court. On the one hand, the Rule enforces EU primacy by pre-empting national competence in the presence of harmonization. On the other, by suspending direct application of Articles 34–35 TFEU, it also implies deference to the EU legislator, and indirectly to the Member States, which enjoy discretion to set standards and determine how power is shared. As a result, while Member States cannot avoid free movement obligations, they can defend national rules by reference to this EU standard to which they have contributed. There is in other words an alignment under the Rule between the dynamics of Exit and Voice, with the Court exercising boundary control to ensure compliance with primary law. It is on this basis that I have come to identify the Legislative Priority Rule as a sort of 'constitutional compass' to guide the distribution of power in the internal market for goods. Despite this key role, however, its existence and impact remain relatively unknown or at best ignored, reflecting a gap in understanding the Court's toolbox for review and a failure to appreciate the role of secondary legislation in building a stable, Treaty-compliant regulatory system.
In the West Papua conflict, fear fuels both Papuan ethnonationalist and Indonesian nationalist sentiment. We argue that this reciprocal fear and memoria passionis plays a significant role in fuelling political violence. On the one hand, it provokes Papuan activists to respond violently to Indonesian military operations. Fear of losing future generations of indigenous Papuans has strengthened their identity as Papuans and encouraged them to join armed movements against Indonesia. On the other hand, fear of West Papuan independence leads the Indonesian military and police to conduct operations against members of the Free Papua Movement and affiliated groups and other activists not in the independence movement. This results in a "reciprocal fear-fuelled nationalism," whereby Indonesian security forces and Papuan separatist activists are drawn into increasing conflict. In this context, fear becomes institutionalized and socially constructed. By understanding the unending violent conflict in Tanah Papua as related to the transfer of emotions across generations, it becomes clear a military operations approach will not be effective in the long term. Non-violent approaches, especially dialogue with separatist groups, will be more effective in breaking the chain of violent memories, resulting in more positive outcomes for conflict resolution in Papua. Learning from negotiations between the government of Indonesia and the Free Aceh Movement in 2005, we support the proposition that dialogue is the best entry point by which to end this prolonged separatist armed conflict. (Pac Aff/GIGA)